`Date Filed: August 24, 2017
`
`Filed On Behalf Of:
`
`Alkermes Pharma Ireland Limited and
`Alkermes Controlled Therapeutics, Inc.
`
`By:
`
`Scott K. Reed
`sreed@fchs.com
`212-218-2100
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`
`LUYE PHARMA GROUP LTD., LUYE PHARMA (USA) LTD., SHANDONG
`LUYE PHARMACEUTICAL CO., LTD., and NANJING LUYE
`PHARMACEUTICAL CO., LTD.,
`Petitioners,
`v.
`ALKERMES PHARMA IRELAND LTD and ALKERMES CONTROLLED
`THERAPEUTICS, INC.,
`Patent Owners.
`________________
`
`Case IPR2016-01096
`U.S. Patent No. 6,667,061
`________________
`
`PATENT OWNERS’ OBJECTIONS TO PETITIONERS’
`DEMONSTRATIVE EXHIBITS
`
`
`
`Patent Owners Alkermes Pharma Ireland Limited and Alkermes Controlled
`
`Therapeutics, Inc., respectfully submit the following objections to Petitioners’
`
`Demonstratives:
`
` Petitioners’ Demonstrative 50: Patent Owners object to the illustration on
`
`this demonstrative. This illustration is found nowhere in the record and has not
`
`been verified to have a scientific basis. Patent Owners further object to this
`
`demonstrative to the extent it reflects a new argument by Petitioners as to how the
`
`microparticle limitation is satisfied by Ground 2. For instance, Petitioners did not
`
`argue in their Petition that the PLGA coating functions as a polymeric binder for
`
`claim 1 or that starch is a polymer. (Paper 5 at 49.)
`
` Petitioners’ Demonstrative 55: Patent Owners object to the illustration on
`
`this demonstrative. This illustration is found nowhere in the record and has not
`
`been verified to have a scientific basis. Patent Owners further object to this
`
`demonstrative to the extent it reflects a new argument by Petitioners as to what
`
`components of Ramstack and Gustafsson would be combined to reach claims 20
`
`and 21. For instance, Petitioners did not argue in their Petition that Gustafsson’s
`
`PLGA coating would be combined with Ramstack’s microparticles and with
`
`Gustafsson’s injection vehicle. (Paper 5 at 46-47, 49-56.)
`
`
`
`August 24, 2017
`
`Respectfully submitted,
`
`/Scott Reed/
`Scott K. Reed (Reg. No. 32,433)
`FITZPATRICK, CELLA, HARPER & SCINTO
`1290 Avenue of the Americas
`New York, NY 10104-3800
`Tel: (212) 218-2100
`
`
`
`CERTIFICATE OF SERVICE
`
`I certify that a copy of the foregoing PATENT OWNERS’ OBJECTIONS
`
`TO PETITIONERS’ DEMONSTRATIVE EXHIBITS was served on August 24,
`
`2017 by causing it to be sent by email to counsel for Petitioners, who have
`
`consented to electronic service, at the following email addresses:
`
`pkochanski@lernerdavid.com
`
`wmentlik.ipr@lernerdavid.com
`
`tvanbuskirk@lernerdavid.com
`
`nvaleyko@lernerdavid.com
`
`August 24, 2017
`
`Respectfully submitted,
`
`/Scott Reed/
`Scott K. Reed (Reg. No. 32,433)
`FITZPATRICK, CELLA, HARPER & SCINTO
`1290 Avenue of the Americas
`New York, NY 10104-3800
`Tel: (212) 218-2100
`
`